If the child does not have a maintenance obligation, can he still get the inheritance no?

Hello, if there is no will, as long as it belongs to the first heir (living parents, spouse, children) have the right to inherit, but if the maintenance obligation is not fulfilled, the inheritance can be appropriately reduced.

If there is a relationship between the stepfather and daughter and the stepdaughter fails to fulfill the maintenance obligation, the stepfather may receive the stepfather's property, but she should have a small or no share.

Legal basis: Inheritance Law of the People's Republic of China

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Legal analysis: Yes, heirs who have fulfilled their main obligation to support the decedent or who live with the decedent can divide the inheritance more than they can share. If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, he or she shall not divide or divide the inheritance less.

Legal basis: Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children, and stepchildren who have a relationship of supporting and supporting the sun.

For the purposes of this part, the term "parents" includes biological parents, adoptive parents, and step-parents who have a dependent relationship with Kaizhen. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal analysis: Whether the child can get the inheritance if he or she fails to fulfill the maintenance obligation depends on the testator's intention. If the testator lists him as the heir, he can still inherit the estate if he has not fulfilled his maintenance obligations; If there is no will, the children can also inherit the estate as the first heir in line to the legal inheritance, but they can divide the estate less or no according to the circumstances.

Legal basis: Article 1000 67 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. If an adult child fails to fulfill the obligation of support, the parent who lacks the ability to work or has difficulty in living has the right to demand that the adult child pay the maintenance of the adult child.

If you do not fulfill your maintenance obligations, you can get an inheritance. The legal loss of inheritance rights includes: intentionally killing the decedent; killing other heirs for the sake of inheritance; Abandonment of the decedent, or abuse of the decedent, where the circumstances are serious; forgery, alteration, concealment or destruction of wills, where the circumstances are serious; Using fraud or coercion to compel or obstruct the decedent from establishing, altering, or revoking the will, where the circumstances are serious, etc.

Article 1125 of the Civil Code of the People's Republic of China: Where an heir commits any of the following acts, he loses the right of inheritance: (1) Intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Wrongfully abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items 3 through 5 of the preceding paragraph, and have truly shown repentance, and the decedent's file code key indicates forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

First of all, when inheriting, if there is a will, it will be inherited according to the will. Therefore, if there is a will, even if the maintenance obligation has not been fulfilled, it can be inherited according to the will; Secondly, in the case of statutory inheritance without a will, the child who has not fulfilled the obligation of support still has the right to inherit, unless the child has the statutory situation of being deprived of the right of inheritance, but the heir who has the ability to support and the conditions for support, and does not fulfill the obligation to support, shall not divide or divide the inheritance less.

1. See whether it is testamentary inheritance or statutory inheritance. If the decedent has a will, it must be executed in accordance with his legal and valid will.

2. If there is no will, statutory inheritance applies. In statutory succession, there should be less for those who fulfill their obligations, and no one for those who do not fulfill their obligations. Therefore, when the inheritance is distributed to children who have the ability to support but do not fulfill their maintenance obligations, they should be divided equally or less.

Do children who have not fulfilled their maintenance obligations have the right to inherit property? In legal inheritance, there should be less for those who have fulfilled their obligations, and no one for those who have not fulfilled their obligations. Article 34 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law stipulates that "although an heir who has the ability and conditions to support the decedent, although he or she lives with the decedent, he or she does not fulfill the obligation to support the decedent who needs to be supported, and when distributing the inheritance, he may receive a small share or no share."

Yes. Children who have not fulfilled their maintenance obligations still enjoy the right of inheritance, but when the inheritance is distributed, they should be divided without or with a small share.

Whether the children who have not fulfilled their maintenance obligations can inherit the property needs to be analyzed on a case-by-case basis: 1. See whether it is testamentary inheritance or statutory inheritance. If the decedent has a will, it must be executed in accordance with his legal and valid will.

2. If there is no will, statutory inheritance applies. In statutory succession, there should be less for those who fulfill their obligations, and no one for those who do not fulfill their obligations.